Smart Parking Ltd - PCN Appeal in Service Yard

Kodi32

Hi, Just received a £90 PCN in the post from Smart Parking Ltd. My car is a lease company vehicle, the lease company must have giving them our company details to forward on.
Was caught on camera (by number plate) for parking without authorization in a service yard (behind some retail shops, which i didn't visit) last month for about 30 mins. Thought it would be fine as it was a sunday and it was empty and there was no where else to park, all yellow lines, i didn't see the signs, but i'm sure they must be there somewhere. Not easy for me to go back and check.
Checked through the newbies thread, couldn't see anything about what to do to appeal for parking in a service yard without authorization, As it's not a proper car park, is it the same process?
Just need to find the best way to appeal, really can't afford to lose £90 at the moment, it just feels like a money making scam, my car was not causing anyone a problem.
Any advice much appreciated. TIA

Coupon-mad

You couldn't see how the bespoke appeal for lease/hire cars in the NEWBIES thread was perfect for your case?

And did you also miss the NEWBIES thread telling you that Smart Parking can't hold keepers or hirers liable as they don't use the POFA?

Kodi32

Thanks Coupon-mad, i did see that, but wasn't sure which template to use in my case, my head is spinning already.
Do i use this one from Edna_Basher and modify ??:

Dear Sir,

Parking Charge Notice Ref. 123456: Vehicle Registration FU02PPC

We are in receipt of the above-detailed Parking Charge Notice ("PCN") dated 8th August 2018 and issued by Topher Ltd to our company [ABC Ltd] ("[ABC]") in respect of an unpaid parking charge allegedly incurred at Homebase, Bath on 1st May 2018.

We confirm that ABC is the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 ("POFA") and we write to dispute this PCN.

Although the PCN states the reason for issue as "overstay", it provides no evidence to support this claim. In the absence of any conclusive evidence in support of the alleged breach, we trust you will agree that it would be unreasonable for Topher Ltd to expect us to pay this charge.

Notwithstanding this, the PCN failed to comply with the strict requirements of Schedule 4 of POFA and consequently Topher Ltd has forfeited any right to claim unpaid parking charges from [ABC] as the vehicle's hirer and keeper.

Within 28 days please provide us with written confirmation of Topher Ltd's acceptance that it cannot and does not hold [ABC] liable for this parking charge and that this is now purely a matter between Topher Ltd and the driver.

Thank you for your cooperation and we look forward to receiving this confirmation.

Yours faithfully etc.

Kodi32

Just heard back from Smart parking, PCN now cancelled.
Thanks for your advice. 😊

Coupon-mad

Kodi32 said:

Just heard back from Smart parking, PCN now cancelled.
Thanks for your advice. 😊

Great.  Easy when you know how!